SAN JOSE / Ruling near on ban of video game sales to minors

Published 4:00 am, Saturday, May 13, 2006

The fate of a California law that would ban the sale of some violent video games to minors is now in the hands of a federal judge in San Jose.

After hearing opposing arguments Friday from attorneys for the video game industry and the state Attorney General's office, U.S. District Judge Ronald Whyte said he would rule on the case shortly, participants in the hearing said.

The judge could either declare the law unconstitutional, let it stand or order a trial on the matter, attorneys in the case said.

Video game industry officials are seeking to have the law declared an unconstitutional infringement on First Amendment free speech protections.

The state maintains that the law gives parents a valuable tool to shield children from violence.

The law, written by Assemblyman Leland Yee, D-San Francisco, and signed by Gov. Arnold Schwarzenegger, was to take effect Jan. 1. It would bar retailers from selling to minors video games deemed ultraviolent -- defined as depicting serious injury to human beings in a manner that is especially heinous, atrocious or cruel. Retailers would be fined $1,000 per violation.

Related Stories

At that time, the judge indicated the video game industry had a reasonable chance of winning its case based on the argument that the law violates the First Amendment rights of minors. He also questioned whether there is evidence that violent video games such as Grand Theft Auto cause violent behavior and need to be regulated by the state.

Katherine Fallow, an attorney for the video game industry, said the studies state government officials have cited that appear to show a link between violent behavior and video games are flawed.

Illinois, Washington and Michigan have passed limits on what types of games minors can rent or buy, but courts so far have overturned them or blocked them from taking effect.

"The government shouldn't be in the business of deciding for the parent what games their kids can or cannot play," Fallow said.

Now Playing:

Deputy Attorney General Zackery Morazzini said the state was not trying to ban the video games, but regulate their availability to minors, much like restricting the sale of pornography.

"That's the big issue here," Morazzini said. "Is the court going to be willing to expand the obscenity laws to include material that is not just sex based, but violence based?"

Latest from the SFGATE homepage:

Click below for the top news from around the Bay Area and beyond. Sign up for our newsletters to be the first to learn about breaking news and more. Go to 'Sign In' and 'Manage Profile' at the top of the page.